Intellectual Property Training - Trainer PPT.pptx

INTELLECTUAL
PROPERTY TRAINING

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Course Syllabus
• Module 1: Intellectual Property Introduction
• Module 2: Patents
• Module 3: Confidential Information and Nondisclosure Agreements
• Module 4: Licensing Agreements and IP Licensing Contract Issues
• Module 5: Copyright and Database Right
• Module 6: Other IP Rights

Module 1: Intellectual Property Introduction

Intellectual Property Introduction
 Intellectual property refers to the legal rights granted to individuals or entities for
the ownership and use of their creative and innovative works, such as inventions,
literary and artistic works, designs, symbols, and images.
 The primary purpose of intellectual property is to protect the creator's exclusive
rights to their work and prevent others from using it without permission or
compensation.
 Intellectual property laws provide a framework for creators to benefit from their
creations by allowing them to license, sell or assign their works to others for
financial gain.
 The importance of intellectual property cannot be overstated, as it promotes
innovation, creativity, and economic growth.
 It provides an incentive for creators to invest their time, energy, and resources
into developing new and better products, technologies, and services, and helps
ensure that they can profit from their efforts.

Patents
 Patents are granted for inventions that are new, non-obvious, and useful.
 This means that the invention must not have been publicly disclosed or available
to the public before the filing of the patent application.
 The invention must also be non-obvious, meaning that it cannot be an obvious
improvement on an existing invention or combination of known elements.
 Finally, the invention must be useful, meaning that it must have some practical
application or utility.
 To obtain a patent, the inventor must file a patent application with the relevant
patent office, which will review the application to determine if the invention meets
the legal requirements for patentability.
 The application must include a detailed description of the invention, as well as any
drawings or other supporting materials.

Patents
(Continued)
 If the patent office determines that the invention is patentable, it will grant a
patent to the inventor, providing them with the exclusive right to use and profit
from their invention for the patent term.
 This exclusive right allows the inventor to prevent others from making, using, or
selling the invention without their permission.
 Patents are important for promoting innovation and encouraging investment in
research and development.
 By providing inventors with exclusive rights to their inventions, patents incentivise
them to invest time and resources into creating new and useful products and
technologies.
 In turn, this can lead to economic growth and the creation of new industries and
jobs.

Trademarks
 Trademarks are an essential component of intellectual
property law.
 They are symbols, words, phrases, designs, or a
combination of these, that are used to identify and
distinguish the goods and services of one entity from
those of another.
 A trademark serves as a valuable tool for businesses
to establish brand identity and protect their
reputation in the marketplace.
 To obtain a trademark, a business must apply with the
appropriate government agency and meet certain
criteria, such as demonstrating that the trademark is
distinctive and not likely to be confused with existing
marks.

Trademarks
(Continued)
 Once a trademark is registered, the owner has the
exclusive right to use the mark in connection with
their goods and services and can take legal action
against others who use a similar mark in a way
that could confuse consumers.
 Trademark law also includes provisions for the
enforcement of trademarks and the remedies
available to owners whose marks have been
infringed upon.
 These remedies may include injunctive relief,
damages, and in some cases, criminal penalties.

Designs
 Designs are an important aspect of intellectual
property law, particularly in industries such as
fashion, furniture, and industrial design.
 A design refers to the appearance of a product, such
as its shape, colour, texture, and ornamentation.
 In many jurisdictions, designers can protect their
designs through design registration.
 This involves filing an application with the
appropriate government agency and demonstrating
that the design is new and distinctive.

Designs
(Continued)
 Design protection is important because it allows
designers to prevent competitors from
exploiting their creations, which can help them
to build and maintain a reputation for quality
and innovation in the marketplace.
 It can also encourage investment in the design
industry and support economic growth.

Copyright
 Copyright law is concerned with safeguarding and exploiting creative expression
in tangible form, and has evolved over centuries to adapt to changing ideas and
technologies.
 Today, it not only provides legal protection for individual creators, but also
supports the publication of works by major cultural industries such as film,
broadcasting, and software development.
 Copyright protection covers various types of works, including literary, dramatic,
musical, and artistic works, as well as cinematic films and sound recordings.
 For a work to be eligible for copyright protection, it must be expressed in an
original form.
 Copyright law recognises the economic and moral rights of the copyright owner,
and allows for fair use of copyrighted material by others without permission.
 Through the doctrine of fair use, copyright law seeks to balance the interests of
copyright owners with the public's right to access and use creative works.

Interaction Between Rights
 Intellectual property law encompasses a range of different rights, including
copyrights, patents, trademarks, and designs, each of which serves a distinct
purpose in protecting different types of intellectual creations.
 However, there are situations where these different rights may overlap or conflict
with each other, requiring careful consideration of their interaction.
 For example, a patent may protect an invention, but that invention may also be
subject to copyright protection if it involves an original creative expression.
 Similarly, a trademark may overlap with a design if the design is used as a logo or
brand identifier.
 In cases where there is a conflict or overlap between different intellectual
property rights, the courts will have to weigh the interests of the different parties
involved and determine which right should take precedence.
 This can be a complex and contentious process, requiring a careful analysis of the
specific facts and legal precedents involved.

Ensuring Full Value and Dispute
Avoidance
 Ensuring the full value of intellectual property and avoiding disputes are essential
aspects of intellectual property law.
 Intellectual property rights provide creators with the legal means to protect and
monetise their creations, and the efficient management of those rights can help
to maximise their value.
 One way to ensure the full value of intellectual property is through effective
licensing agreements.
 Licensing agreements allow creators to grant others the right to use their
intellectual property in exchange for compensation while retaining ownership of
the intellectual property.
 Effective licensing agreements can help to prevent the unauthorised use of
intellectual property and maximise its commercial potential.

Registered Patents for UK and Abroad
Interventions
 Patents are a crucial aspect of intellectual property law, providing inventors with
exclusive rights to exploit their inventions commercially.
 In the UK, patents are registered through the Intellectual Property Office (IPO),
which grants the inventor the exclusive right to prevent others from
manufacturing, selling, or importing their invention without permission for a
limited time.
 To register a patent in the UK, inventors must apply for the IPO, which will then
examine the application to determine whether the invention meets the criteria for
patentability.
 This includes ensuring that the invention is new, non-obvious, and capable of
industrial application.
 In addition to UK patents, inventors may also choose to seek patent protection
abroad.

Registered Patents for UK and Abroad
Interventions
(Continued)
 This can be done by filing an international patent application under the Patent
Cooperation Treaty (PCT), which provides a unified system for filing patent
applications in multiple countries.
 Alternatively, inventors can file individual patent applications in the countries
where they wish to seek protection.
 Seeking patent protection abroad can be complex and costly, and may require the
assistance of specialist patent attorneys.
 However, it can also be essential for inventors seeking to exploit their inventions
on a global scale and prevent competitors from copying their technology.

What do Patents Protect?
 Patents are a crucial aspect of intellectual property law, providing inventors with
exclusive rights to exploit their inventions commercially.
 Patents protect a wide range of innovations, including physical devices,
machinery, chemical compounds, software algorithms, and business methods.
 To be eligible for patent protection, an invention must meet certain criteria,
including novelty, non-obviousness, and industrial applicability.
 Novelty means that the invention must be new and not previously disclosed to the
public. Non-obviousness means that the invention must not be obvious to
someone skilled in the relevant field.
 Industrial applicability means that the invention must be capable of being made
or used in an industry.

What do Patents Protect?
(Continued)
 Patent protection provides inventors with the exclusive right to prevent others
from manufacturing, using, selling, or importing their inventions without
permission for a limited time. In the UK, this period is usually 20 years from the
date of filing the patent application.
 This exclusive right enables inventors to profit from their inventions and prevent
competitors from exploiting their technology without permission.
 In addition to providing exclusive rights to inventors, patents also play an
important role in promoting innovation and economic growth.
 By providing inventors with an incentive to invest in research and development,
patents encourage the development of new and useful technologies that can
benefit society as a whole.

Patenting Cost and Value
 Patenting an invention can be a complex and costly process.
 In addition to legal fees and other expenses associated with preparing and filing a
patent application, inventors must also conduct a thorough search of existing
patents and publications to ensure that their invention is novel and non-obvious.
 The cost of obtaining a patent can vary depending on a variety of factors,
including the complexity of the invention, the jurisdiction in which the patent is
being sought, and the length of the patent application.
 In some cases, the cost of obtaining a patent can be substantial, particularly for
complex inventions or those requiring international patent protection.

Patenting Cost and Value
(Continued)
 Despite the cost of obtaining a patent, many inventors and companies see the
value in doing so.
 Patents provide inventors with exclusive rights to their inventions for a limited
time, usually 20 years from the date of filing the patent application.
 During this time, inventors can prevent competitors from using or selling their
inventions without permission, providing a competitive advantage in the
marketplace.

When to Apply for Patents
Deciding when to apply for a patent can be a crucial strategic decision for
inventors and companies. In general, it is advisable to apply for a patent as
soon as possible after the invention has been developed and before any
public disclosure or commercialisation of the invention. Public disclosure of
an invention before a patent application is filed can jeopardise the novelty
and non-obviousness requirements for patentability, as well as trigger a
statutory bar that can prevent the inventor from obtaining a patent in
certain jurisdictions. As a result, it is generally recommended that inventors
and companies keep their inventions confidential until a patent application
has been filed. Another important factor to consider when deciding when to
apply for a patent is the competitive landscape. If other inventors or
companies are developing similar inventions or filing patent applications for
similar technology, it may be advantageous to file a patent application as
soon as possible to secure exclusive rights to the invention.

Ensuring Inventions are Properly Protected
 Protecting an invention is essential to ensure that it is not plagiarised, copied or
stolen.
 Here are some steps that can help ensure that inventions are properly protected:
1
2
3
Conduct a Patent
Search
File a Patent
Application
Keep Invention
Confidential
4
5
Consider Non-Disclosure Agreements
Monitor for Infringement

Licensing and Patent Exploitation
 Where the invention is a product, by the
making, disposing of, offering to dispose of,
using, importing, or keeping a patented
product.
 Where the invention is a process, by the use,
or offer for use where it is known that the use
of the process would be an infringement.
 By the disposal of, offer to dispose of, use, or
import of a product obtained directly by
means of that process, or the keeping of any
such product whether for disposal or
otherwise.

Licensing and Patent Exploitation
(Continued)
By the supply, or offer to supply, in
the United Kingdom, a person not
entitled to work the invention, with
any of the means, relating to an
essential element of the invention,
for putting the invention into effect,
when it is known (or it is reasonable
to expect such knowledge) that
those means are suitable for
putting, and are intended to put,
the invention into effect in the
United Kingdom

Module 3: Confidential Information and Non-
Disclosure Agreements

Practical Guidance
 Confidentiality is an essential aspect of business relationships, and nondisclosure
agreements (NDAs) are a commonly used tool to protect sensitive information.
 Here is some practical guidance in creating and handling NDAs:
01
03
02
04
Clearly Define What
Information is Considered
Confidential
Limit the Disclosure to those Who
Need to Know
Identify the Purpose of the
Disclosure
Specify the Duration of the
Confidentiality Obligation

Practical Guidance
1. Clearly Define What Information is Considered Confidential: The NDA should
clearly define what information is considered confidential and what is not. This
ensures that both parties have a common understanding of what information is
protected.
2. Identify the Purpose of the Disclosure: The NDA should state the purpose for
which the confidential information is being disclosed. This helps to limit the use
of the information to only that purpose.
3. Limit the Disclosure to those Who Need to Know: The NDA should specify who is
authorised to receive the confidential information. This helps to limit the risk of
accidental or unauthorised disclosure.
4. Specify the Duration of the Confidentiality Obligation: The NDA should specify
the duration of the confidentiality obligation. This ensures that the obligation to
maintain confidentiality remains in effect for a reasonable period.

What Information is Confidential
Breach of confidence as an equitable obligation
and a contractual obligation
Types of confidentiality agreements (also
known as non-disclosure agreements or NDAs)
The circumstances in which a relationship of
confidentiality may arise

What Information is Confidential
 Confidential Information refers to any information,
data, or knowledge that is not generally known or
available to the public, and that has been identified as
confidential by one or both parties involved in a
business transaction.
 This could include trade secrets, customer lists, financial
data, technical specifications, designs, patents,
copyrights, and other proprietary information that gives
a business a competitive advantage.
 Nondisclosure agreements are contracts that protect
this type of confidential information from being
disclosed or shared with third parties without the
consent of the owner.

Disclosure Risks
 Disclosure risks refer to the potential negative consequences that may arise if
confidential information is disclosed or shared with unauthorised parties.
 These risks could include:
Competitive Harm
Reputational Damage
Legal Consequences
Loss of Trust
01
02
03
04

Disclosure Risks
 If confidential information falls into the
hands of a competitor, they may use it to
gain an unfair advantage in the market,
harming the business that owns the
information.
Competitive
Harm 01

Disclosure Risks
Reputational
Damage
02
 Disclosing confidential information could
damage the reputation of the business that
owns the information, especially if the
information is sensitive or embarrassing.

Disclosure Risks
Legal
Consequences
03
 If confidential information is disclosed in
violation of a nondisclosure agreement, legal
action may be taken against the person or
entity responsible for the disclosure. This
could result in costly lawsuits, fines, or other
legal penalties.

Disclosure Risks
Loss of Trust 04
 When confidential information is disclosed
without authorisation, it can result in the loss
of trust between parties. The disclosure can
cause damage to the reputation of the
disclosing party, leading to a loss of business
and opportunities.

NDA Enforcement
 The best way to keep a secret is to avoid sharing
it. An NDA (non-disclosure agreement) works
well to signal the risks associated with
unauthorised disclosure, but once the
information is leaked, the harm is done.
 An NDA is just a contract, there is no way to
know if the other side breaches the
confidentiality obligation.
 One important requirement is only to share
confidential information where absolutely
necessary.

Litigation Issues
 The following are the litigation issues:
Trade Secret
Misappropriati
on
Copyright
Infringeme
nt
Patent
Infringemen
t
Trademark
Infringeme
nt
Licensing
Disputes

Employee and Other Contracts and Non-
Competition Restrictions
 Employee and other contracts often include non-competition restrictions that prohibit
employees or other parties from engaging in certain activities that could potentially
compete with the employer.
 These restrictions are put in place to protect the employer's business interests and
ensure that the employee or other party does not use confidential information or trade
secrets to gain a competitive advantage.
© The Knowledge Academy Ltd

Employee and Other Contracts and Non-
Competition Restrictions
(Continued)
 Some common non-competition restrictions in employment contracts include:
01
Non-Compete
Agreements
02
Non-Disclosure
Agreements
03
Non-Solicitation
Agreements
04
Assignment of
Intellectual
Property Rights

NDA Effectiveness
 A non-disclosure agreement (NDA) is a legal agreement between parties that
requires one or both parties to keep certain information confidential.
 NDAs are commonly used in business and employment situations to protect
confidential information, such as trade secrets, customer lists, and other
proprietary information.
 The effectiveness of an NDA depends on several factors, including:
Clarity of
Language
01
Scope of
Protection
02
Duration of
Protection
03
Enforcement
Mechanisms
04

Module 4: Licensing Agreements and IP
Licensing Contract Issues

R&D Agreements
A research and development (R&D) agreement in the context of
intellectual property (IP) is a legal agreement that outlines the
terms and conditions under which one party agrees to conduct
research and development activities for another party in
exchange for certain rights to the resulting IP. Typically, the
agreement will include provisions related to the ownership,
protection, and exploitation of the IP. For example, the
agreement may specify that the party conducting the R&D will
retain ownership of any IP created as a result of the research, or
it may require that the IP be jointly owned by both parties. The
agreement may also address issues related to confidentiality
and non-disclosure, to ensure that any sensitive information
shared during the course of the R&D activities is kept
confidential.

Relevant Law and Management of IP Rights
 Intellectual Property (IP) refers to the legal rights that arise from intellectual
creations, such as inventions, literary and artistic works, designs, and symbols.
 The law of IP encompasses a range of legal protections that aim to promote
innovation and creativity by granting exclusive rights to the creators and owners
of intellectual property.
 In general, IP rights are divided into two main categories: industrial property and
copyright.
 Industrial property includes patents, trademarks, industrial designs, and trade
secrets.
 Patents grant inventors the exclusive right to use and profit from their inventions
for a limited period, while trademarks protect the unique names, logos, and
designs that identify a company's products or services.
 Industrial designs protect the visual appearance of products, while trade secrets
protect confidential business information.

Relevant Law and Management of IP Rights
(Continued)
 Copyright, on the other hand, protects the rights of creators and owners of
original works of authorship, such as books, music, art, and software.
 Copyright provides the exclusive right to reproduce, distribute, display, and
perform the work, as well as the right to create derivative works.
 The management of IP rights involves a range of strategies and practices aimed
at maximising the value of intellectual property assets.
 This may include licensing the use of patents, trademarks, and copyrights to
others, enforcing IP rights against infringers, and developing strategies to protect
confidential business information.
 Effective IP management requires a combination of legal knowledge, business
acumen, and technical expertise.

Commercial Protection in Contract Clauses
 Commercial protection is a crucial consideration in business contracts, as it helps
to safeguard the interests of the parties involved and minimise the risk of
disputes or financial losses.
 One of the key ways to achieve commercial protection in a contract is through the
inclusion of carefully drafted and negotiated clauses that address specific risks
and concerns.
 Some common contract clauses that provide commercial protection include:
Limitation of Liability
Clause
Indemnification Clause
Confidentiality Clause
Non-Compete Clause

Rights Exploitation and Full Royalties Pay
 Rights exploitation refers to the process of generating revenue from the use or
licensing of intellectual property rights, such as patents, trademarks, and
copyrights.
 To ensure that rights owners receive full royalties for the use of their intellectual
property, it is important to have clear and enforceable licensing agreements in
place.
 Licensing agreements typically outline the terms and conditions under which the
licensee may use the licensor's intellectual property.
 This may include restrictions on the scope of use, the duration of the license, and
the geographic territory in which the intellectual property may be used.
 In exchange for the right to use the intellectual property, the licensee typically
pays the licensor a royalty fee, which may be based on a percentage of the
licensee's revenue or a flat fee.
 To ensure that rights owners receive full royalties for the use of their intellectual

EU and UK Competition Rules
 The European Union (EU) and the United Kingdom (UK) have competition laws in
place that apply to licensing agreements and IP licensing contracts.
 These laws are designed to prevent anti-competitive practices and promote fair
competition in the marketplace.
 Under EU and UK competition laws, licensing agreements must be structured in a
way that does not restrict competition.
 This means that licensing agreements should not contain provisions that limit the
licensee's ability to compete with the licensor or other third parties.
 Such provisions may include exclusive dealing, territorial restrictions, and price-
fixing arrangements.
 In addition, licensing agreements must not have the effect of creating a dominant
market position for the licensor or licensee, as this may lead to anti-competitive
behaviour.

Licensing Agreements Including the EU
Technology Transfer Block Exemption
Regulation
 It covers agreements between two undertakings concerning the licensing of
technology rights for the purpose of the production of contract products
 Technology rights can also be an element of other types of agreements
 The products incorporating the licensed technology are subsequently sold on the
market
 It is necessary to address the interface between the TTBER and Commission
Regulation (EU) No 1218/2010 on specialisation agreements, Commission Regulation
(EU) No 1217/2010 on research and development agreements and Commission
Regulation (EU) No 330/2010 on vertical agreements.

Export and import of IP Protected Goods in
Europe
 The EU wants to help traders make the most of global trading by making the
information clear.
 Trading with the wider world brings growth to the EU economy and jobs for
European workers.
 The European Commission has data on tariff duties, the technical requirements to
trade, food health requirements, anti-dumping and anti-subsidy duties, and other
issues.

Parallel Imports and Legal Issues
 Parallel imports, also known as grey market goods, refer to genuine products that
are imported into a country without the permission of the manufacturer or
trademark owner.
 These products are often sold at a lower price than those sold through official
distribution channels.
 Parallel imports can raise several legal issues in intellectual property (IP) law.
 One of the main issues with parallel imports is the potential for trademark
infringement. Trademark owners have the exclusive right to use their trademark
in connection with the sale and distribution of their goods.
 If parallel importers use the trademark without permission, they may be
infringing on the trademark owner's rights.
 However, in some countries, parallel imports are permitted under the principle of
exhaustion of IP rights.

Parallel Imports and Legal Issues
(Continued)
 This means that once a trademark owner has sold their product in one country,
they cannot use their trademark to prevent the product from being imported and
sold in another country.
 Another issue with parallel imports is the potential for patent infringement.
 Patents give inventors the exclusive right to use, make, and sell their inventions
for a certain period.
 If parallel importers sell products that are protected by a patent, they may be
infringing on the patent owner's rights.
 However, like with trademark law, some countries allow parallel imports under the
principle of exhaustion of IP rights.

Internet Selling and Other Areas
 Internet selling has revolutionised the way business is conducted, and it has
presented new challenges in the realm of intellectual property (IP) licensing
agreements.
 Here are some of the key issues that arise in IP licensing contracts related to
internet selling and other areas:
Territorial Restrictions
Quality Control
Payment and Royalties
Intellectual Property Infringement

Module 5: Copyright and Database Right

Rights in Computer Software and Software
License Agreements
 Computer software is a type of intellectual property that is protected by copyright
law.
 Software license agreements are used to grant users the right to use the software
while protecting the owner's rights.
 Here are some of the key issues related to rights in computer software and
software license agreements:
Copyright
Ownership
License
Grant
Restrictions
on Use
License Fees
Warranties
and Liability

License Agreements
1. Copyright Ownership: The owner of a computer software program has exclusive
rights to control the reproduction, distribution, and modification of the software.
The software license agreement should specify the copyright owner and the
rights granted to the user.
2. License Grant: The software license agreement should clearly state the terms of
the license grant, including the scope of the license and any limitations on use.
The license may be limited to a specific number of users or devices or a specific
period.
3. Restrictions on Use: The software license agreement may include restrictions on
the use of the software, such as prohibiting reverse engineering, decompiling, or
disassembling the software. These restrictions are designed to protect the
owner's rights and prevent unauthorised use of the software.

License Agreements
4. License Fees: The software license agreement may require the user to pay a
license fee in exchange for the right to use the software. The license fee may be a
one-time fee or a recurring fee, such as an annual maintenance fee.
5. Warranties and Liability: The software license agreement should include
warranties regarding the performance and functionality of the software. The
agreement should also outline the liability of the owner and the user for any
damages caused by the software.

Tender and Other Documents
 Tender and other documents refer to a wide range of materials created during
the tendering process for a project or contract.
 These documents can include bid proposals, project plans, contracts,
specifications, designs, technical documents, and other materials submitted by
bidders in response to a request for proposal (RFP) or a request for tender (RFT).
 Tender and other documents are crucial in the procurement process, as they
provide information about the project or contract, the requirements and criteria
for bidders, and the proposals submitted by bidders.
 They also establish the terms and conditions of the contract, including the scope
of work, timelines, and payment terms.

Tender and Other Documents
(Continued)
 In terms of intellectual property law, tender and
other documents may be subject to copyright
and database rights protection, as discussed in
the previous response.
 Therefore, it is important to ensure that the
ownership and use of any intellectual property
created during the tendering process are
properly protected and respected.
 This can be achieved through careful review of
any terms or conditions included in the tender
or document creation process, as well as by
obtaining legal advice when necessary.

Computer Software and Copyright Law
 Computer software is a type of intellectual property that is protected by copyright
law.
 Copyright protection gives the creator of the software exclusive rights to control
its use, distribution, and reproduction.
 These rights help protect the investment that the software creator has made in
developing the software.
 Under copyright law, computer software is considered a literary work and is
protected as such.
 Copyright protection extends to the source code, object code, and user interfaces
of the software.
 The exclusive rights of the copyright holder generally last for the life of the creator
plus a certain number of years after their death.

Computer Software and Copyright Law
(Continued)
 To protect their software, creators can register their copyright with the relevant
intellectual property office.
 Registration provides additional legal protection and can help establish ownership
in the event of a dispute.
 Software copyright infringement occurs when someone uses or distributes
software without the permission of the copyright holder.
 This can include unauthorised copying, modification, or distribution of the
software.
 Software copyright infringement can result in legal action, including damages,
injunctions, and criminal penalties.

Protection of Databases
 In terms of copyright protection, databases may be eligible for protection as
compilations.
 Under copyright law, a compilation is a work formed by the selection,
coordination, and arrangement of pre-existing materials.
 Thus, if a database meets the criteria for originality, such as the selection and
arrangement of data that reflects a creative effort, it may be protected by
copyright law.
 However, copyright protection may not be sufficient to protect databases in all
circumstances.
 In such cases, database rights protection may be more appropriate.
 Database right is a form of intellectual property protection that provides exclusive
rights to the maker of a database, such as the right to prevent unauthorised
extraction or re-utilisation of the database contents.

Protection of Databases
(Continued)
 Database rights protection is available in the
European Union under the Database Directive.
 To be eligible for database rights protection, a
database must be the result of a substantial
investment in either the obtaining, verification,
or presentation of the contents.
 The database maker must be a citizen of a
European Economic Area (EEA) member state or
have a place of business in an EEA member state.

Ownership Issues and Disputes
 The following are some common ownership issues and disputes and how they can
be addressed:
Employer-Employee
Ownership
Infringement
Disputes
Assignment and
Licensing Disputes
Joint Ownership

1. Joint Ownership: Joint ownership can arise when two or
more individuals contribute to the creation of a work or
a database. In such cases, each joint owner has an
equal right to use and license the work or database.
However, joint ownership can also lead to disputes over
how the work or database should be used or licensed.
To avoid disputes, joint owners should have a clear
agreement outlining the terms of joint ownership,
including how profits will be shared, and how disputes
will be resolved.
2. Employer-Employee Ownership: In some cases,
disputes can arise over the ownership of works or
databases created by employees. Generally, employers
own the copyright in works created by employees in
the course of their employment. However, ownership
issues can arise when an employee creates work
outside the scope of their employment or in their spare
time. To avoid disputes, employers should have clear

3. Assignment and Licensing Disputes: Disputes can arise over the assignment or
licensing of intellectual property. For example, a copyright owner may claim that
a licensee has exceeded the scope of their license, or a licensee may claim that
the copyright owner has breached the terms of the license agreement. To avoid
disputes, both parties should have a clear understanding of the terms of the
license agreement, including the scope of the license, payment terms, and
termination rights.
4. Infringement Disputes: Infringement disputes can arise when a third party uses a
work or database without permission. In such cases, the copyright or database
right owner may need to take legal action to enforce their rights. To avoid
infringement disputes, copyright and database rights owners should take steps
to protect their intellectual property, including registering their works or
databases with relevant intellectual property offices and monitoring for potential
infringement.

Significance of Contractual Clauses in
Agreements
 Contractual clauses in agreements are essential in outlining the rights and
obligations of parties to a contract.
 They provide clarity and certainty, reduce the risk of disputes, and help protect
the interests of all parties involved.
 Here are some significant contractual clauses in agreements:
1. Definitions 4. Termination
2. Scope of Work
5. Representations and
Warranties
3. Payment Terms F. Confidentiality

Trademarks and Design Rights
 Trademarks and design rights are important intellectual property rights that
protect the distinctiveness and appearance of products, services, and branding.
 Trademarks are signs or symbols that are used to distinguish the goods or
services of one business from those of another.
 They can include words, logos, slogans, or other visual elements.
 Trademarks can be registered with a national or regional trademark office to
provide exclusive rights to use the trademark with certain goods or services.
 Registered trademarks give their owners the right to prevent others from using
identical or similar signs that might confuse consumers about the origin of goods
or services.

(Continued)
 Design rights, on the other hand, protect the visual
appearance of products.
 They cover the shape, configuration, pattern, and
ornamentation of a product, and may include
features such as colours, lines, and textures.
 Design rights can be registered but may also exist
as unregistered rights that arise automatically
upon the creation of the design.
 The scope of protection for design rights may vary
depending on the jurisdiction and the type of
protection sought.

(Continued)
 In some cases, trademarks and design rights can overlap.
 For example, a product design may also serve as a trademark, identifying the
source of the product. In such cases, both design rights and trademark protection
may be sought.
 Both trademarks and design rights are important tools for businesses seeking to
protect their intellectual property and establish brand recognition.
 They can provide exclusivity in the marketplace, deter potential infringers, and
increase the value of a business.
 It is important for businesses to properly register and enforce their trademark
and design rights to ensure maximum protection and enforcement of their
intellectual property.

Protection for Names, Colours, Sounds,
Logos, Shapes, and Good Packaging by
Trademark Law
 Colours can also be protected as trademarks, provided they are distinctive and
not commonly associated with a particular industry.
 Sounds can also be protected as trademarks.
 Logos are one of the most common forms of trademarks and are usually visual
symbol or design that identifies a brand or business.
 Shapes can be protected as trademarks if they are distinctive and not functional.
 Trademark law protects a range of distinctive features that identify the source of
goods and services, including names, colours, sounds, logos, shapes, and
packaging.
 Names or words can be protected as trademarks, provided they are distinctive
and not descriptive of the goods or services they are associated with.

Protection for Names, Colours, Sounds,
Logos, Shapes, and Good Packaging by
Trademark Law
(Continued)
 Packaging can also be protected as trademarks.
 To obtain trademark protection for these features,
they must be distinctive and capable of identifying the
source of the goods or services they are associated
with.
 Additionally, trademarks must not be confusingly
similar to existing trademarks in the marketplace.

Protection for Unregistered Rights
 Intellectual property (IP) laws provide legal protection for a wide range of creative
and innovative works, including trademarks, patents, copyrights, and trade
secrets.
 However, in some cases, individuals or businesses may have unregistered rights
that are not covered by these traditional IP laws.
 Fortunately, there are still some legal protections available for these unregistered
rights.
 One way to protect unregistered rights is through common law principles.
Common law provides legal protections for certain types of intellectual property
that have not been formally registered with the government.
 For example, if a company has used a particular logo or trade name for a
significant period and has established a reputation or goodwill associated with
that logo or trade name, they may have common law trademark rights that can be
enforced against others who attempt to use a similar mark.

Protection for Unregistered Rights
(Continued)
 Another way to protect unregistered rights is through contract law. Contracts can
be used to establish ownership of intellectual property, define the scope of use,
and provide for remedies in the event of infringement or breach.
 For example, a business may enter into a contract with a supplier to create a
unique product design, and the contract may specify that the design is the
exclusive property of the business and cannot be used by the supplier for any
other purpose.
 In some jurisdictions, unfair competition laws may also protect unregistered
rights. Unfair competition laws typically prohibit businesses from engaging in
deceptive or misleading practices that are likely to cause confusion among
consumers or harm the reputation of a competitor.
 For example, a business may be prohibited from using a similar logo or trade
name to a competitor if it is likely to confuse consumers.

Protection of the Appearance of Articles by
Design Right
 Design rights are a form of intellectual property (IP) that protect the appearance
or aesthetic features of an article.
 They can include things like shape, configuration, pattern, ornamentation, or a
combination of these features.
 Design rights can provide valuable protection for businesses that rely on the
visual appeal of their products to distinguish themselves in the marketplace.
 One way that design rights protect the appearance of articles is through
registered designs. In many jurisdictions, businesses can apply for a registered
design that provides exclusive rights to the appearance of their product for a set
period of time.
 This means that no one else can use, make, or sell a product that looks
substantially similar to the registered design without the owner's permission.

Protection of the Appearance of Articles by
Design Right
(Continued)
 Registered designs can be a valuable tool for businesses that have invested time
and money into creating a unique and distinctive appearance for their products.
 Another way that design rights protect the appearance of articles is through
unregistered design rights.
 In some jurisdictions, businesses can also rely on unregistered design rights to
protect their product designs.
 Unregistered design rights can arise automatically when a design is created and
can provide protection for a period of time, typically a few years.
 Unregistered design rights can be used to prevent others from copying or
imitating a design that is similar to the original design.

Registered Design Right Protection in the
UK and Europe
 Registered design right protection in the UK and Europe is a form of intellectual
property (IP) that provides exclusive rights to the visual appearance of a product.
 In the UK, registered design rights are governed by the Registered Designs Act
1949, while in Europe, they are governed by the Community Designs Regulation
(CDR).
 In the UK, a registered design can be obtained by applying with the Intellectual
Property Office (IPO).
 The design must be new and have individual character, meaning it must not be
identical or too similar to other designs that are already in the public domain.
 The registration lasts for a maximum of 25 years, subject to payment of renewal
fees.

UK and Europe
(Continued)
 Once registered, the owner of the design has the exclusive right to use it and
prevent others from using, making, importing, or selling products that infringe on
the registered design.
 The owner can also license the design to others or sell it outright to another party.
 Infringement of a registered design right can result in legal action, including an
injunction, damages, and an account of profits.
 In Europe, a registered design can be obtained by applying with the European
Union Intellectual Property Office (EUIPO).
 The design must also be new and have individual character, and the registration
lasts for a maximum of 25 years, subject to payment of renewal fees.

UK and Europe
(Continued)
 The owner of a registered design in Europe has similar exclusive rights to use it
and prevent others from using, making, importing, or selling products that
infringe on the design.
 Infringement of a registered design right in Europe can also result in legal action
and remedies, including injunctions, damages, and accounts of profits.
 Registered design rights in the UK and Europe can provide valuable protection for
businesses that have invested in creating unique and distinctive product designs.
 It is important for businesses to understand the scope and limitations of
registered design rights and to seek professional advice if they have any
questions or concerns.

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